The family's attorney, Tim Stoesz, said Carmel-Clay Parks & Recreation did not take adequate steps to prevent the abuse even though the parents warned officials multiple times of concerns they had about the other child. Stoesz said he is worried there may be more victims.

"We want Carmel to take responsibility for their failures and institute policies that will protect children in their care and to have accountability for those employees who have failed these children," Stoesz said.

Stoesz filed a tort claim Aug. 8, which serves as a notice to Carmel that he intends to file a lawsuit. Under state law, he must wait to file the lawsuit until Carmel responds to the tort claim or allow 90 days to pass.

The city has yet to file a response. Carmel spokeswoman Nancy Heck said officials would not answer questions from IndyStar because it is the city's policy not to comment on pending litigation.

Stoesz is seeking $700,000 in damages per incident of negligence by the parks department.

IndyStar typically does not identify sexual assault victims.The victim's mother told IndyStar that the family paid more than $1,500 for their daughter to attend "Where It's At," a summer camp hosted by the parks department beginning May 30 at Creekside Middle School.

Once camp began, the mother said she contacted camp and parks department officials multiple times with concerns that the other child, who was 7 years old, was bullying and harassing her daughter.

Then on July 5, the mother said her daughter told her that the other girl followed her into the bathroom, locked the door and barricaded it with her body. She said the girl pulled down her own pants and shoved down her daughter's head to simulate oral sex. The mother said the girl then pulled down her daughter's pants and touched her inappropriately.

The mother said the girl also watched her daughter use the restroom several times by standing on the paper dispenser in an adjacent stall and peering over the wall. She said the girl also exposed herself to her daughter.

The mother said she thinks camp and parks officials failed to follow procedures that could have prevented the abuse, including separating the children when told of complaints, monitoring the bathrooms and filing and tracking incident reports. She said the other child wasn't removed from the summer camp.

The mother removed her daughter from the camp and contacted the Department of Child Services.

The parks department called Carmel Police on July 6. IndyStar obtained a redacted incident report through an open records request. The report shows the case was closed July 12 after police found no violation of criminal law.

The mother said the Department of Child Services, along with Carmel Police, interviewed her daughter and the other girl. She said DCS told her that the department investigated whether Carmel was negligent and whether the other girl had herself been abused. She said she was told the case was closed after the DCS found no conclusive evidence the other child had been abused or Carmel was negligent.

Stoesz said the investigations found no evidence that his client's child was abused at home.

Stoesz said there is no recourse under law for his client to take legal action against the other child's family. He said he thinks the other child is too young to consider a criminal investigation.

DCS spokesman James Wide said he could not provide any information due to confidentiality laws.

Stoesz said he thinks Carmel should have acted to stop the abuse before it occurred.

The mother said her daughter is receiving therapy and taking medication. She suffers night terrors, is afraid to use the bathroom, especially in public, and is generally more fearful. She said her daughter has become overly concerned with puberty and has begun displaying nervous tendencies such as counting and chewing her fingers.

"'The symptoms of post-traumatic stress disorder are clearly there and a long-term diagnosis is difficult to give until she has gone through extensive therapy," Stoesz said.

Call IndyStar reporter Chris Sikich at (317) 444-6036. Follow him on Twitter: @ChrisSikich and at facebook.com/chris.sikich.